Indianapolis Times, Volume 43, Number 51, Indianapolis, Marion County, 9 July 1931 — Page 1

MUSSOLINI’S RULING BLOW TO CATHOLICS pecrees Membership in Both Fascisti and Azione Incompatible. MOST DRASTIC MOVE Controversy Will Flare to New Heights With Edict. Jty United Preaa ROME, July 9.—Premier Benito Mussolini ruled today that membership in both the Fascist party and In Azione Cattolica, the Catholic lay organization, are incompatible. The ruling was regarded as the tnost drastic move yet taken in the controversy between the Vatican jand Italy, and would compel Catholics to desert Azione if they desire to remain Fascists. Mussolini’s decision was announced in a circular which the secretary of the Fascist party sent to all branches of the party. The circular, after revealing the order from the head of the government nd the head of Fascism, said: “Compatibility of membership in the Fascist party and organizations under jurisdiction of Azione Cattolica is hereby revoked.” Rule out 1930 Law Membership in the two bodies simultaneously had been proclaimed compatible by Augusto Turati, then secretary of the Fascist party, after his official visit to the pope in February of 1930. The newspaper Glonal d’ltalia in an obviously “inspired” article earlier in the day, asserted that the pontiff had worked with enemies of the Fascists both at home and abroad. The charge followed earlier press attacks involving the Catholic laymen’s organization, Azione Cattolica—which it was asserted also was involved in anti-Fascist activities—but for the first time aimed directly at the pope. Challenge Is Issued A challenge was issued by the newspaper to the Osservatore Romano, semi-official Vatican organ, defying it to disavow formally any solidarity between the pope and anti-Fascists. The recent encyclical of Pope Pius, which was sent secretly to Paris, was declared to be “a violent act of hostility” because of its attacks on the Fascists In connection with the education of the youth of the nation. cake~forTockefeller Rain Keeps John D. From Usual Golf on His Birthday. By United Preaa TARRYTOWN. N. Y., July 9. Rain kept John D. Rockefeller Sr. from playing his usual nine holes of golf Wednesday, his ninetysecond birthday, but he enjoyed his regular automobile ride and a simple celebration with the family at dinner. There was a frosted birthday cake on the table. SLAMS DEBT HOLIDAY Hoover Hasn’t “Pulled Very Big Rabbit Out of Hat,” Says Colby. By United Preaa NEW YORK, July 9.—The war debt moratorium obtained by President Hoover wil benefit bankers, but when the American people realize they are paying other nation's war debts “it will be seen that the President hasn’t pulled a very big rabbit out of the hat,” in the opinion of Bainbridge Colby, secretary of state under Wilson. EX - CONGRESSMAN DEAD pistol Wound Fatal to R. L. Henry, Wet Candidate for Senate. By United Preaa HOUSTON, Tex., July 9.—R. L. Henry, 67-year-old former congressman and wet candidate for the United States senate''in the last election, died today from a pistol Wound. Henry was found shot through the head in the bathroom of his home. He was found lying unconscious on the floor and never regained consciousness. A pistol lay by his side, fired once. He had been in ill health for more than a year. OCEAN YACHT SIGHTED Europa Gets Glimpse of American Ketch Battling Atlantic. By Uiord Preaa NEW YORK, July 9.—The American Ketch, Landfall, is the first of the yachts reported sighted after putting out Saturday from Newport on a trans-Atlantic race. The Landfall is reported as being about 500 miles due east of New York. She was sighted by the liner Europa. STIMTsON IS IN ROME U. S. Secretary of State Arrives at Foreign Ministry in Tour. By United Preaa ROME, July 9.—Colonel Henry L. Btlmson, American secretary of state on a tour of Europe, arrived at the foreign ministry today In company of Ambassador John W. Garrett. He was conducted to the office of Pino Grandi, Italian foreign minister.

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The Indianapolis Times Partly cloudy tonight and Friday with little change in temperature.

VOLUME 43—NUMBER 51

U. S.-Tokio Fliers Are Forced to Land at Nome

By United Uveas NOME, Alaska, July 9. The airplane Fort'Worth, in which two Texas fliers proposed a trans-Pacific flight, was forced to land here today when the fliers were unable to

Post, Gatty Dip in Salute to City

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Left to right: Dan McDufTee, Mrs. Wiley Post, Mrs. J. H. MeDuffee, Mrs. Harold Gatty and J. H. McDuffee.

Aviation’s latest heroes, Wiley Post and Harold Gatty, dipped their historic around-the-world plane, the Winnie Mae, in a circle low over municipal airport here today and then sped westward toward Chickasha, Okla., where a home town reception awaits Post. On the ground as the white Lockheed roared fifty feet off the ground at almost 200 miles an hour were

Prosecutor Is ‘Beaten Up by Ex-Convict and Pals

By United Press CLEVELAND, July 9.—Three men, one of them an ex-convict sent to Mansfield reformatory by' Assistant County Prosecutor John A. Fitzmartin, attacked the county official here today, beating him into unconsciousness as he sought to fend them off. The attack occurred as Fitzmartin was driving home from the residence of a friend. The prosecutor’s automobile was forced to the street curb, and his three assailants leaped on the running board, pulling open the door of the car,

BAKER APPLAUDS SHOOTING OF BANDIT; SENTENCES FOUR

A dead bandit is better than a live one. Tliis theory was expressed today by Criminal Judge Frank F. Baker when he sentenced four youths to terms in the Indiana state reformatory on robbery and auto banditry charges. The judge’s comment anent dead bandits came when a deputy prosecutor mentioned the fact that one of the youths, John Sink, 31, of 1042 ‘COUNTY’ TO FROLIC Employes to Hold Annual Picnic Aug. 18. “Courthouse day” will be celebrated by all Marion county employes on Aug. 18 when the annual picnic is held in Riverside park. Athletic contests with prize awards will feature the picnic. Approximately 5,000 persons are expected to attend. The coursehouse will be closed the day of the picnic. A basket dinner will be served at noon.

AND THEY LEARNED ABOUT MOSQUITOES FROM THEM-HEY, HOIST ANCHOR!

This is the first of a series of articles by Edward C. Fulkc. Times Staff Writer, on a vacation spent in a motorboat on the Ohio river. BY EDWARD C. FULKE THIS is the tale of two dry land sailors who put out from Madison Jnd., two weeks ago to "conquer” the Ohio. Now this isn’t a

Fulke

rot to us in the face of the spray that whipped over Marganed’s deck into our faces, stinging like hot coals. It. was, as was said, a rough river. Thpre were two of us and a boat. v la the boat was a cargo of

make a contact with their refueling plane. By United Praaa NOME, Alaska, July 9. Hampered by fog and poor visibility, Reginald L. Rob-

wives of the fliers, who climbed into the Prest-O-Lite Lockheed, a sister ship of the Winnie Mae, and took off to speed with their husbands into the west. The Prest-O-Lite plane was offered to transport Mrs. Gatty and Mrs. Post after the plane in which they rode from New York was damaged when it ground looped on the field at Port Columbus, 0., Wednesday.

they began beating him with their fists. “For nearly five minutes the three stood on the running board and beat me,” Fitzmartin said. “I tried to defend myself, but it was useless. When .1 sank down in the seat one man kicked me several times.” When the prosecutor lost consciousness his assailants took sl7 from his pockets and fled, he told police. Bleeding from cuts on the face and body, Fitzmartin related the story of the attack to police. He said he recognized one of his assailants as the auto thief he sent to the reformatory.

South Pershing avenue, had been shot during the holdup of the grocery of Carey Harlan, 3764 West Washington street. Judge Baker hung an unofficial medal on Harlan for shooting Sink with, “It wouldn’t have been any loss to the community if he had killed Sink.” And with the declaration the judge sentenced Sink, Dale Kinder, 21, of 202 South Harding street, and Harry Shouse, 30, of 141 East Raymond street, to twelve years in the reformatory. . He granted leniency in dealing with Ollie Shouse, 19, brother of Harry Shouse. however, by sentencing him to one to ten years in the reformatory. The age of the boy and the fact he was implicated in but one robbery aided in lightening the sentence. A fifth youth, Garvis Miles, 29, of 1932 South Pershing avenue, was remanded to the Indiana state prison by Special Judge Clyde Karrer on a revoked parole. The robbery charge against Miles was dismissed by Karrer. Judge Karrer recommended that Miles serve five years more on

1 camp stuffs. In us there was a dread. It would have been a long swim to either the Kentucky or Indiana shore, and if drown we must, it never could have been done gracefully on that afternoon. Madison, squatting indifferently on the north bank, was fading behind. Ahead was probably the | darkest storm cloud that ever came out of the west. Over the brow of a distant hill the torrent of rain came, jabbing the river into angry swells before it. In the center of the river, we, two very meek “salts,” put to shore. The boat tossed dizzily on each swell under the wind. Two sailors gripped grimly—it really was like that. Kentucky calls the south bank of the Ohio a shore. We gave it a different name. It was a poor quality of mire. m m m WHAT a sad story could be told about two . thoroughly soaked landlubbers holding for dear life to a dead stump at the river’s edge waiting for the nor'easter’ to cease. But that part of the story’s all wet. Hull, cargo, motor and passengers hung’ together—and that i

story about daring adventures and ports. It’s more like true confessions. Joseph Conrad doesn’t have a thing on us when it comes to being realistic. It was a wild, a thunderous river, that greeted our arrival. All the sonnets of poets about the nobility of rivers were so much idle

INDIANAPOLIS, THURSDAY, JULY 9,1931

bins, “old man endurance from Texas,” and Harold S. Jones, flying oil man, were hovering uncertainly over Nome today fruitlessly attempting a refueling contact

J. H. McDuffee, vice-president and general manager of the Prest-O-Lite Company, who offered the plane, joined the wives of the fliers here for the ride to Chickasha. Dick Knox was at the controls of the plane, and Dan McDuffee, son of the Prest-O-Lite official, was a passenger. Dan McDuffee left the plane here. Mrs. Gatty and Mrs. Post took off from Port Columbus this morning at 8:20 (Indianapolis time) and arrived here an hour later. On the field they were greeted by Mayor Reginald H. Sullivan, a few city officials and a handful of spectators and airport attaches. They posed for photographs and talked with newspapermen. “I was a little scared when we had the accident yesterday,” Mrs. Gatty confessed. She is, a novice in the air, having made her first trip into the sky to rush eastward to greet her famous husband when the Winnie May completed its dash around the world last week. The fright the ground loop gave her, though, hasn’t dampened her enthusiasm for flying, she said. Heavily fueled, the Winnie Mae was to make the flight from Port Columbus to Chickasha without a stop. The around-the-world ship appeared over Municipal airport at 9:35 a. m.

the one-to-ten-year sentence which he received for vehicle taking and upon which he was paroled. Miles was a member of the bandit gang. RUDY’S DAD PLEASED Vallee, Bride Will Visit His Home Town. By United Preaa WESTBROOK, Me., July 9. Rudy Vallee’s home town planned today to welcome him and his bride, the former Fay Webb, when the newlyweds arrive here this week-end. Charles A. Vallee, retired druggist and father of the radio crooner, said today he had received word that the couple would spend Saturday and Sunday in Westbrook. “We are delighted with the marriage,” said the Elder Vallee. “We first met Fay in Hollywood last year. We were impressed with her charm, character and pleasing personality.”

The peculiar drone that characterizes the Ohio by night . . . Indianapolis boasts of mosquitoes, but they “ain’t seen nothing yet” here.

night, thoroughly tired and very cautious, the "crew" of the Marganed crept toward the Indiana shore a scant ten miles down the river from their starting point, glad to be at home in any port. Then there’s another sad story. It’s about the peculiar drone that characterizes the Ohio by night. We learned about it the first night “out.” The noise resounds the breadth of the river—humming softly like a southern ®eiody—and then

in their nonstop flight to Tokio. After making a 1,900-mile bop from Seattle, Wash.,- to this last outpost of the North American continent, the Texans had circled several hours over Nome unable to effect the refueling contact with their big plane. Zooming out of murky skies, the trim yellow and

MEXICO OFFICIALLY REQUESTS U. S. TO RELEASE CONSUL

Tarzan Loose Detectives who investigated a robbery attempt on the south side today wondered whether the burglar they sought was a victim of super-energy or merely needed practice. He had ripped weatherboarding from the clothing store of Harry Denker, at 1112 Prospect street, punched a hole through plaster, and then pierced two other walls similarly to enter the store, where he took nothing. , From that store he ripped out another wall to climb into a jewelry store operated by Walter Stahlhut at 1114 Prospect street, next door. Nothing was missing there, Stahlhut told police.

FALL FIGHTS TO EVADEJRISON ‘Would Shorten Life/ Say Doctors at Hearing. By United Press WASHINGTON, July 9.—Fight of Albert Fall, former secretary of the interior, to evade a prison sentence for his part in the leasing of the Elk Hills naval oil reserves to E. L. Doheny, oil operator, was completed partially today in the District of Columbia supreme court. The hearing wks on a motion of Frank J. Hogan, Fall’s attorney, to suspend a one-year sentence ‘imposed on the former United - States official for conviction of accepting a SIOO,OOO bribe. Decision in the case was delayed pending submission of briefs. Physicians testified that imprisonment of Fall, in view of Fall’s age and physical condition, “would he inhuman.” Affidavits showing Fall is too ill to serve the sentence were given the ccurt, including statements of several doctors that confinement materially would shorten Fall’s life. COAL OPERATORS MEET Eleven Talk Industry Ills With U. S. Officials. By United Press WASHINGTON, July 9.—Eleven bituminous coal operators set today with Commerce Secretary Robert P. Lamont and Labor Secretary William N. Doak in an effort to solve the problem of their distressed industry. The meeting was held in Lamont’s office behind closed doors. It was understood that no definite action to relieve the industry was expected, to result immediately, this being in the nature of a preliminary factfinding session. MELLON IS IMPROVED Treasury Chief’s Cold Better; Rests at French Retreat. By United Press CAP FERRAT, July 9.—Andrew W. Mellon, secretary of the treasury, was better today, his cold being considerably improved. He already has established his vacation routine, rising early for a walk, and spending the day in the Riviera sunshine and reading the newspapers.

pounces upon you with all the viciousness of a flock of vultures. Each tiny soldier measures fully an inch from tail to sword—and all the king’s horses couldn’t keep him off. Indianapolis boasts of mosquitos, but they “ain’t seen nothing” here. Everybody knows what a camper’s life is—and so do we! Next day, under a sweltering sun that beat into every nook of the river—a sun that kept on shining between broad hills that Ireland would bo proud of—kept drilling

white monoplane first made its appearance over Nome at 7 a. m. (Indianapolis time) and headed northwest toward the Bering Straits. Later, however, the Ft. Worth reappeared and circled slowly over the city. Built for endurance rather than speed, the Ft. Worth on its way here plodded steadily through the air, hitting a

Note Is Transmitted by Ambassador; Press in Bitter Protest. By United Preaa WASHINGTON, July 9.—Ambassador Tellez of Mexico today transmitted to the state department a note protesting the imprisonment in Chicago of Adolfo Dominguez, acting Mexican consul, for contempt of court. Mexican embassy officials said the note requested “unconditional release of Dominguez. The note was submitted on instructions from the Mexican foreign office. Dominguez was sentenced to six months in prison by Municipal Judge Thomas Green, but was released on a writ of habeas corpus. Relations Are Strained By United Preaa MEXICO CITY, July 9.—A grave strain on relations between Mexico and the United States was feared today as a result of the arrest of Adolfo Dominguez, acting Mexican consul in Chicago. Flaming headlines in the press and indignant editorials recounted this and other recent incidents in the United States involving Mexicans which have tended to arouse popular sentiment Into hatred. Genaro Estrada, foreign secretary, said today that he feared the incidents would “damage the relations between the United States and Mexico.” The press was particularly bitter over the Dominguez case, coming on the heels of the fatal shooting of two Mexican youths recently at Ardmore, Okla., one a relative of President Pascual Ortiz Rubio. The newspaper La Prensa, in a typical editorial headed “United States—Land o Yankee Savages,” said: “In its long history of imperialism, of covetous aggressions, of pretended racial superiority, the United States not only has tried to strangle China, but also took posession on the basis of Its savage right of strength of whatever weak countries incited its appetite for gold.

TOW-IN LAW FATE RESTS WITH COURT

Enforcement of the downtown early morning parking ban, resumed Wednesday after correction of a flaw in the ordinance, was continued by police today, despite filing of an injunction suit by downtown business men protesting the ban. City attorneys today were preparing to resist the injunction move at a hearing to be held Saturday before Superior Judge Joseph R. Williams. The suit, filed by Frank S. Fishiback, county council president, restaurant proprietor and chairman of a committee of business men fighting the ban, was prepared by Attorney William A. Boyce Jr. Legality of the parking ban, with its impounding clause, and of the section regulating two-lane traffic, is attacked in the suit. It is alleged the parking ban will result in irreparable injury and damage to business in that customers of downtown business establishments will be discouraged from patronizing the business places between 7 and 9:15 a. m., hours the ban is effective. While attorneys were preparing the suit and seeking a court, police

into two tiny specks in the center of the river—two “sailors,” bound somewhere downstream. mam NEAR Louisville, where the south begins, the ocean begins. So it seemed to us. One side of the river was farther away than we could walk in a day, and fortune save us if we ran out of gas! There wasn’t a paddle within a mile. Then, too, thaateamboats Jostled us about aa 12 Jfe were a cork.

Entered as Second-Class Matter at Postoffice, Indianapolis. Ind.

pacr ; at slightly under ninety n j an hour. With their contemplated route lying across the Bering sea and the Pacific ocean and do\/n the coast of Siberia covering an area of uncertain weather conditions, the fliers faced the possibility of sudden and fickle squals that may arise at any moment to menace them.

Cool Summer It Will Be for Fleet of Ships at Pole Next Year.

By United Praaa PARIS, July 9.—There promises to be a traffic congestion around the north polar seas never before equaled in exploring history this summer when all ships

being primed for a summer among the cooling ices reach the end of their voyages. Dr. Jean Charcot, veteran French polar explorer, announced that his voyage to Greenland, particularly to Scoresby sound, would start soon. The French “Pourquoi Pas” is due to cross the path of the American schooner Effie Morrissey, with Captain Robert Bartlett at the wheel, on his way north to pick Arctic wild flowers. Two British, one German, two Danish and a fleet of Swedish and Norwegian polar ships also are scheduled to infest the polar waters this summer. The Nautilus is due to poke her way under nearby polar ice if her engines can be put and kept in form. But this year’s traffic in the far north will be nothing compared to the Invasion of the northern seas next summer, for 1932 is to be known in scientific circles as the polar year. August, 1932, will see water and climatic conditions the best they have been for fourteen years and the best they will be again until 1944. Hourly Temperatures 6a. m..... 64 10 a. m 79 7a. m 69 11 a. m 80 Ba. m..... 73 12 (noon).. 79 9 a. m 76 1 p. m 79

impounded eleven cars, but early today no tow-ins were reported by the traffic department. Police officials said they will continue enforcement of the ordinance for at least two weeks, unless the court rules against the city Saturday and issues the temporary restraining order sought by Fishback. SAVES HIS OWN LIFE Turns on Gas; Then Lights Himself Cigaret. By United Press NEWTON, Mass., July 9.—Hallett E. Maguire, 35, house painter, turned on all jets of a gas stove after stuffing window and door cracks with paper. He sat in a chair waiting for the deadly fumes to fill the room. Then, deciding to enjoy a last smoke, he put a cigaret in his mouth and lit a match. At Newton hospital today it was said he would recover. He escaped with minor bums when the explosion blew him across the room.

Louisville’s smoke abatement league wasn’t functioning while the Marganed lay docked for two days. It rained soot and rain for those two days. On the third, two thoroughly initiated ‘river rats’ put back up the river, seeking more rural grounds. To our regret, the very quaint old river boat wasn’t on hand with her calliope and her jazz orchestra to bid us bon voyage. Miles passed slowly churning upstream. The sun drove straight at our faces, leaving a hardearned but much wished for tan. That afternoon we began to note & number of tall blue smoke columns rising from the Kentucky hills at distant intervals. That any Kentuckian should need a fire on this particular day. with the mercury, hovering near the 100 degree mark, was problematical; but that every Kentuckian at “stations” every four or five miles was suffering from the cold seemed phenomenal. At camp the fourth night out we were to learn a few things about these hillside smoke “screens.” (To B* Continue^

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I’M THE LAW,’ BOAST LAID TO PROSECUTOR Natural Gas Cos. Brands Vigo County Official as ‘Emperor/ BALTZELL ON BENCH Federal Judge Will Rule on Concern’s Petition for Injunction. Purported efforts of Charles C. Whitlock, prosecutor, and labeled “Emperor of Vigo County,” to harass the Kentucky Natural Gas Company in its laying of a. lateral pipeline to the plant of the Universal Gas Company in Terre Haute, were described in federal court here today by a half-dozen or more witnesses. Narration of Whitlock’s alleged high-haded attitude with officials of the natural gas company consumed the morning session of hearing on the Kentucky concern’s petition for an injunction from Judge Robert C. Baltzell to halt the prosecutor’s interference with the work. The hearing continued this afternoon. The prosecutor’s so-called “arbitrary” attitude was described by H. M. Donovan Curran of St. Louis, vice-president of the company. He told how after Whitlock mad© an affidavit that the company’s employes were obstructing the highways while laying the pipe and announced that he would arrest all of the workmen, Curran and W. J. Hinchey, vice-president in charge of operation, and their attorneys had a conference with Whitlock. Arrest Was Threatened At that conference the prosecutor declared that the franchise the gas company obtained from the county commissioners was not valid k 1 that the company had no right to operate in Indiana, it was testified. Whitlock then threatened to arrest all of the employes of the company on a wholesale basis if they tried to continue operations, the court was told. “Whitlock declared,” Curran testified, “that if we did not meet all of his demands he would not permit us to proceed. “You must break your contract with the Universal Gas Company (Terre Haute distributing concern) and sell gas at prices satisfactory to me,” Whitlock, it was testified, asserted. When told by Curran that the public service commission regulated the rates, witness said, he declared: “I make the laws for Vigo county and you’ll do as I say while you are here. “I Make the Law “You are not in Indiana, you are not in the United States, you are in Vigo county, where I make the laws.” At this point Judge Baltzell inquired whether “I will have to g-:t a passport next time I go to Terre Haute?” Whitlock, in his attack upon the company, asserted that the officials would have to get anew franchise satisfactory to him and that the county commissioners could act only on a franchise as he told them to, witnesses said. It was then that Samuel Miller, attorney for the natural gas comanp, termed him the “emperor of Vigo county.” The prosecutor, it was testified, also declared that if the Kentucky company wanted to make contracts with Terre Haute industries it would have to negotiate with him as he represented. Curran testified how attempts were made to placate Whitlock, but the prosecutor wouldn’t talk to them. “You are in Vigo county now,” he declared. “I am going to do everythink I can to keep you out of this county and throw you out of the state,” the testimony w r ent on to declare.. Attempt to End Hearing Judge Baltzell indicated that in his opinion the gas company would have to test the validity of the franchise in the state courts, but he continued the hearing on the petition for an injunction against Whitlock for alleged interfering vrtth the construction of the pipe line. Attorneys for Whitlock, the sheriff, John Dreher, and twelve deputies filed motions to dismiss the petition on the ground that there :s no federal question involved, although the complaint and the examination brought out that the Kentucky natural gas company is & foreign corporation doing an interstate business. Photographs were introduced to show that the highways were not obstructed by pipe line laying, and Hinchey testified at length as to the methods used. Attempt to end the hearing this afternoon will be made by Judge Baltzell, who is to leave Friday for Superior, Wis., where he is to occupy the bench. JIMMY’S NEPHEW ‘UP’ Seabnry Will Call Walker Kin i New York Probe. By United Preaa i NEW YORK, July 9.—Samuel Seabury, counsel for a legislative committee investigating alleged corruption in New York City, today announced he will question William and, Walker Jr., a nephew of Mayog James J. Walker, regarding the nature of his position with the Lehigh Portland Cement Company. Beabury’s aids have been investigating rumors that political connections played a part in awarding contracts for HirfMtng materials.^

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